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Examples of recent questions relating to leasehold conveyancing in Torquay

Frank (my husband) and I may need to rent out our Torquay ground floor flat temporarily due to a new job. We used a Torquay conveyancing practice in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Even though your previous Torquay conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain permission via your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of prior permission. The consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I am hoping to sign contracts shortly on a basement flat in Torquay. Conveyancing solicitors assured me that they will have a report out to me next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Torquay should include some of the following:

  • The physical extent of the premises. This will be the flat itself but may include a loft or basement if appropriate.
  • Setting out your rights in relation to common areas in the building.E.G., does the lease grant a right of way over a path or hallways?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from letting out the flat, or having a home office for business
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be included in your report on your leasehold property in Torquay please ask your solicitor in ahead of your conveyancing in Torquay

    • I have just appointed agents to market my 2 bed apartment in Torquay.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge demand – what should I do?

    The sensible thing to do is pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    I am attracted to a couple of flats in Torquay both have approximately fifty years left on the leases. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Torquay. The lease is a right to use the property for a prescribed time frame. As a lease gets shorter the value of the lease deteriorate and it becomes more expensive to extend the lease. This is why it is often a good idea to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this field

    Do you have any advice for leasehold conveyancing in Torquay from the perspective of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Torquay can be bypassed where you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers solicitors.
    • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Torquay state that internal structural changes or installing wooden flooring require a licence from the Landlord consenting to such works. Where you dont have the approvals in place do not communicate with the landlord without contacting your solicitor in advance.
  • A minority of Torquay leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over as opposed to unresolved.
  • If you are supposed to have a share in the freehold, you should make sure that you hold the original share document. Arranging a re-issued share certificate is often a lengthy formality and delays many a Torquay home move. Where a new share is required, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • I purchased a basement flat in Torquay, conveyancing was carried out 2011. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent flats in Torquay with an extended lease are worth £205,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease runs out on 21st October 2079

    With just 56 years unexpired the likely cost is going to range between £28,500 and £33,000 plus plus your own and the landlord's "reasonable" professional fees.

    The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Torquay